What Is Anticipatory Bail

1 Answer(s)

Tanushree Sharma

Advocate

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.
Under Indian Criminal Law, there is a provision for anticipatory bail under Section 438 of the Criminal procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).